PROJECT LABOR AGREEMENT by wuyunyi

VIEWS: 5 PAGES: 28

									                              Emerald Cities San Francisco
               COMMUNITY WORKFORCE AGREEMENT
                         Between ________________________ And
                The San Francisco Building and Construction Trades Council

    Mission Housing Development Corporation Energy Efficiency Retrofitting Project


                                    MISSION STATEMENT

The Emerald Cities Collaborative is a partnership of labor, community, business and government
to achieve three vital goals: greening our cities, building our communities, and strengthening our
democracy through support for energy efficiency retrofit projects that create high quality jobs
and achieve deep energy and carbon reductions.

Along with other Emerald Cities partners, Emerald Cities San Francisco is dedicated to a high-road
path to revitalizing the American economy with good jobs and lifetime careers in the Building and
Construction Trades and reaffirms our mutual commitment to social equity, economic justice, racial
equality, environmental sustainability, and workers’ rights. Our pilot undertaking will be focused
on retrofitting the buildings of Mission Housing Development Corporation (MHDC).

In its capacity as an affordable housing developer, MHDC is committed to creating affordable
and middle-income housing in San Francisco so that workers such as teachers, nurses, trades
people, and non-profit workers are not compelled to move out of the city.

As a convener of investors and business, Emerald Cities’ vision is to attract capital to develop
the Energy Efficiency Retrofitting sector, create more jobs, and to employ more people. We
collectively see the possibility of this agreement serving as an Emerald Cities pilot for increasing
opportunities in a new market for both organized labor and local disadvantaged workers to
perform green jobs.

                                           SUMMARY

This Agreement is entered into this ___ day of [month, year] by and between [contractor name]
(hereinafter “Prime Contractor”) and the construction contractors and subcontractors of whatever
tier executing the Letter of Assent (Attachment A), (hereinafter collectively, the “Contractor” or
“Contractors,” which terms shall include Prime Contractor, unless otherwise specified), and the
San Francisco Building and Construction Trades Council (hereinafter, “Council”), and the
signatory craft unions (hereinafter, collectively the “Union” or “Unions”), with respect to
[project name and address(es)], San Francisco.

The Unions and the Contractor agree to abide by the terms and conditions of this Agreement, and
that this Agreement, together with the Schedule A’s (pursuant to Article II, Section 4), represents
the complete understanding of the parties. No practice, understanding, or agreement between a
Contractor and a Union party that is not specifically set forth in this Agreement or the applicable
Schedule A Agreements will be binding on any other party.


                                                                                                  1
The Unions agree that this Agreement will be made available to, and will fully apply to, any
successful bidder for Project work who agrees to become bound hereto, without regard to
whether that successful bidder performs work at other sites on either a union or a non-union basis
and without regard to whether employees of such bidder are or are not members of any union.
This Agreement shall not apply to any work of any Contractor other than that on the
construction work as specifically described in Article II of this Agreement (hereinafter, the
“Project” or “Project Work”).

The use of the masculine or feminine gender or titles in this Agreement shall be construed as
including both genders and not as gender limitations unless the Agreement clearly requires a
different construction.

                                            ARTICLE I

                                             PURPOSE

It is critical to the Mission Housing and Development Corporation (hereinafter, “MHDC”) and to
its tenants and clients that the Project be completed in as timely and as economical a manner as
possible. In recognition of the special needs of this Project and to meet the goals of Emerald Cities
San Francisco (hereinafter, “ECSF”), it is the purpose and intent of the parties to this Agreement to
make every cooperative effort to achieve the timely, safe, and economical construction of the
Project. The parties further recognize and agree that the Project must be undertaken in a spirit of
labor harmony, peace, and stability, with the utilization of skilled labor under fair and safe working
conditions, without disruption or disputes.

The parties therefore agree to establish effective and binding methods for the settlement of all
misunderstandings, disputes, or grievances; and in recognition of such methods and procedures, the
Unions agree not to engage in any strike, slowdowns, or interruption or disruption of work and the
Contractors agree not to engage in any lockout; and, finally, the parties pledge that they will work
together to develop, adopt, and implement processes and procedures to fulfill the goal of employing
disadvantaged San Francisco residents, particularly minorities and women, in Project Work.

The parties agree that it is a goal that residents of buildings and zip codes in which work is being
performed and disadvantaged San Francisco residents perform at least one-third (33%) of the
total work hours in each project. If the total cost of the Project exceeds $1,000,000, this goal will
be measured on a trade-by-trade basis.

Under this Agreement, “disadvantaged San Francisco resident” shall mean a worker that meets
the definition of a “disadvantaged worker” under San Francisco Administrative Code section
6.22G(2)(g): “a San Francisco resident who (i) resides in a census tract within the City with a
rate of unemployment in excess of 150% of the City unemployment rate, as reported by the State
of California Employment Development Department; or (ii) at the time of commencing work on
a covered project has a household income of less than 80% of the AMI, or (iii) faces or has
overcome at least one of the following barriers to employment: being homeless; being a
custodial single parent; receiving public assistance; lacking a GED or high school diploma;




                                                                                                    2
participating in a vocational English as a second language program; or having a criminal record
or other involvement with the criminal justice system.”
The parties also agree that it is a goal to meet or exceed the Office of Federal Contract
Compliance Programs requirement of a workforce that is at least 25.6 percent minority and at
least 6.9 percent women as well as to satisfy the City and County of San Francisco’s First Source
local hiring guidelines.

                                         ARTICLE II

                                 SCOPE OF AGREEMENT

This Agreement shall apply and is limited to all construction, including all demolition and
hazards remediation performed by Prime Contractor and Contractors of whatever tier on or after
the effective date of this Agreement. This Agreement shall not apply to work performed under
the NTL Articles of Agreement and the National Agreement of Elevator Constructors, with the
exception that Articles VI, VII and VIII of this Agreement shall apply to such work.

Section 1. It is understood by the parties that MHDC may at any time and at its sole discretion
determine to build segments of the Project under this Agreement that are not currently proposed,
or to modify or not to build any one or more of the particular segments proposed to be covered.
Project work shall include all work that derives from the original bid, including “punch list”
work. For purposes of this Article, work that derives from the original bid shall include any
additional change order work that is assigned on the Project to Prime Contractor or to any
Contractor performing work under the original bid or to their subcontractors of any tier.     If
agreed separately in writing by the parties, this Agreement may be extended to certain future
work, as provided for in Article XXI Section 1.

Section 2. Items specifically excluded from the scope of this Agreement include the following:

   (a)     Work of non-manual employees, including but not limited to: Superintendents;
         supervisors above the level of general foreman; staff engineers; inspectors, quality
         control, and quality assurance personnel (provided, however, that any inspectors or
         surveyors hired by Prime Contractor as Contractors or Subcontractors and any
         employees of Prime Contractor or Contractors or Subcontractors performing on-site
         testing and inspection or surveying in employment categories ordinarily represented by
         a signatory union shall be covered); timekeepers; mail carriers; clerks, office workers,
         including messengers, guards, safety personnel, emergency medical and first aid
         technicians, and other professional, engineering, administrative, supervisory, and
         management employees. Superintendents and other non-covered employees on Project
         Work may, at their option, and with the concurrence of the involved Jointly-Trusteed
         Fund(s), contribute to and participate in such Fund(s);
   (b)     Equipment and machinery owned or controlled and operated by MHDC;
   (c)     All off-site manufacture and handling of materials, equipment, or machinery except
         where covered by Schedule A or by the Sheet Metal Workers International Association
         Local Union No. 104 Addendum to the Sheet Metal Workers’ International Union
         fabrication agreement; provided, however, that lay-down or storage areas or equipment


                                                                                                  3
         or material manufacturing (prefabrication) sites dedicated solely to the Project or
         Project Work, and the movement of materials or goods, ready-mix, asphalt, aggregate,
         sand or other fill materials between locations on the site, and the delivery of ready-mix,
         asphalt, aggregate, sand, or other fill materials that are immediately incorporated into
         the construction process with no rehandling outside of the flow of construction as well
         as the offhauling of debris and excess fill and/or mud shall be covered by the terms and
         conditions of this Agreement;
   (d)     All employees of MHDC, and other employees of professional service organizations,
         not performing manual labor within the scope of this Agreement;
   (e)     Any work performed on or near or leading to or into the site of work covered by this
         Agreement and undertaken by state, city, or other governmental bodies, or their
         contractors; or by public utilities or their contractors;
   (f)     Off-site maintenance of leased equipment and on-site supervision of such work;
   (g)     Work by employees of manufacturer or vendor necessary to maintain such
         manufacturer’s or vendor’s warranty or guarantee, provided, however, that the
         manufacturer can demonstrate by enumeration of specific tasks that the work cannot be
         performed by covered employees;
   (h)     All work by employees of MHDC or its contractors involved in general maintenance,
         emergency repair, and/or cleaning work, except as specifically covered by this
         Agreement; and
   (i)     Laboratory work for specialty testing or inspections (provided, however, that any
         special inspection laboratories hired by the Prime Contractor or Contractors or
         Subcontractors performing on-site special inspection or laboratory work in employment
         categories by a signatory union shall be covered; each employer performing this work
         shall be permitted to designate any person as an employee and shall not be restricted by
         the dispatch procedures of the applicable union. The Contractor shall notify the
         appropriate Union of the name and Social Security number of each direct hire and each
         direct hire shall register with the Union’s hiring hall before commencing Project Work.

Section 3. It is agreed that Prime Contractor and all Contractors and Subcontractors, of
whatever tier, who have been awarded contracts for work covered by this Agreement shall be
required to accept and to be bound by the terms and conditions of this Agreement. Prime
Contractor shall be bound by execution of this Agreement. A copy of the Letter of Assent
(Attachment A) executed by each other Contractor and Subcontractor constitutes evidence of
being bound by the terms and conditions of the Agreement. A copy of the Letter of Assent as
executed by each Contractor or Subcontractor shall be provided to the Council prior to
commencement of work by the Contractor or Subcontractor.

Section 4.

   (a)     The provisions of this Agreement, including the Schedule A’s, which are the local
         Master Collective Bargaining Agreements of the signatory unions having jurisdiction
         over the work on the Project and which are incorporated herein by reference, shall
         apply to the work covered by this Agreement, notwithstanding the provisions of any
         other local, area, and/or national agreement that may conflict with or differ from the
         terms of this Agreement, except as specified in Article I. Where a subject covered by



                                                                                                 4
         the provisions of this Agreement is also covered by a Schedule A, the provisions of this
         Agreement shall apply. Where a subject is covered by the provisions of a Schedule A
         and not covered by this Agreement, the provisions of Schedule A shall prevail.
   (b)     It is understood that this Agreement, together with the referenced Schedule A’s,
         constitute an integrated, self-contained, stand-alone agreement, and that by virtue of
         having become bound to this Agreement, the Contractor will not be obligated to sign
         any other local, area, or national collective bargaining agreement as a condition of
         performing work within the scope of this Agreement. In addition, it is understood and
         agreed that all grievances and disputes involving the interpretation or application of this
         Agreement, including the Schedule A’s, shall be resolved according to procedures set
         forth in Article VII of this Agreement; provided, however, that should a dispute involve
         a single Schedule A and a contractor signatory thereto, and not involve interpretation or
         application of this Project Labor Agreement, such dispute shall be processed and
         resolved pursuant to the grievance provisions of that Schedule A. Should there be,
         however, a dispute in the first instance as to whether the provisions of Article VII of
         this Agreement or the grievance procedures of a Schedule A apply, the dispute shall be
         presented initially to an arbitrator selected under Article VII for resolution as to the
         applicable procedures. Such referral of the dispute as to the applicable procedures
         should be done by written submission or conference call among the parties and the
         arbitrator, and heard and decided in no longer than twenty (20) days of the designation
         of the arbitrator. Should the arbitrator hold that Article VII applies, the parties may, by
         mutual agreement, submit the substantive issue to the same arbitrator pursuant to the
         provisions of Article VII, or, absent mutual agreement, commence processing the
         dispute at Step 1 of that Article.

Section 5. This Agreement shall be binding only on the signatory parties hereto, and shall not
apply to the parents, affiliates, subsidiaries, or other ventures of any such party.

Section 6. This Agreement shall be limited to the construction work within the scope of this
Agreement including, specifically, site preparation, and related demolition work, and other
construction, renovation, and repair work. Nothing contained herein shall be construed to
prohibit, restrict, or interfere with the performance of any other operation, work, or function that
may be performed or contracted by the Federal Government for its own account in or around the
Project construction site.

Section 7. It is understood that the liability of the Contractor and the liability of the separate
unions under this Agreement shall be several and not joint. The Unions agree that this
Agreement does not have the effect of creating any joint employment status between MHDC
and/or any Contractor.

Section 8. None of the provisions of this Agreement shall be construed to prohibit MHDC or its
employees from performing work not covered by this Agreement on or around the construction
site.

Section 9. It is understood that MHDC, at its sole option, may terminate, delay, and/or suspend
any and all portions of the covered work at any time. Further, MHDC may prohibit some or all



                                                                                                  5
work on certain days or during certain hours of the day to mitigate the effect of the ongoing
Project work on its tenants or clients or on the businesses and residents in the neighborhood of the
Project site; and/or require such other operational or schedule changes that may be deemed
necessary, in its sole judgment, to remain a good neighbor to the residents and businesses in the
area of the Project. Any operational or schedule changes shall be subject to the wage provisions
in the Schedule A’s.

                                          ARTICLE III

                       UNION RECOGNITION AND EMPLOYMENT

Section 1. The Prime Contractor and all Contractors recognize the Union as the sole and
exclusive bargaining representatives of all employees working on the Project within the scope of
this Agreement.

Section 2. The Contractor shall have the right to determine the competency of all employees
and the number of employees required and shall have the sole responsibility for selecting
employees to be laid off, consistent with Section 3(c)(ii), Article IV, Section 3, and the targeted
hiring goals articulated in Article I. The Contractor shall also have the right to reject any
applicant referred by a local Union, subject to any reporting pay required by the applicable
Schedule A.

Section 3.

   (a)     To the extent permitted by law, the following shall apply: For signatory unions now
         having a job referral system contained in a Schedule A, the Contractor agrees to
         comply with such a system and it shall be used exclusively by such Contractor,
         together with the procedures set forth in (c) and (h) below, as appropriate. Such job
         referral system shall be operated in a non-discriminatory manner and in full compliance
         with all federal, state, and local laws and regulations, including those that require equal
         employment opportunities and non-discrimination. All of the foregoing hiring
         procedures, including related practices affecting apprenticeship and training, will be
         operated so as to facilitate the ability of the Contractors to meet any and all legally
         applicable equal employment opportunity/affirmative action obligations.
   (b)     The local Unions will exert their utmost efforts to recruit and refer sufficient numbers
         of skilled craft workers to fulfill the labor requirements of the Contractor.
   (c)     In recognition of the mission of the Emerald Cities Collaborative, the parties agree to
         encourage and promote the training and employment of construction workers from
         among targeted disadvantaged San Francisco residents. As part of this program, the
         contractors agree to request and the signatory unions agree to refer, on a priority basis,
         consistent with the non-discriminatory referral procedures of the hall, qualified and
         available workers in order to meet the goals outlined in Article I of the Agreement.
         This priority shall apply to all requests for referrals from a hiring hall, except that, in
         the case of apprentice referrals, the provisions of Article XIII shall apply.
   (d)     The ECSF Steering Committee, of which MHDC and the Council are founding
         members, will monitor the progress of the Contractors and signatory unions in meeting



                                                                                                  6
         the goals and purposes of this Agreement. MHDC, with the assistance of the San
         Francisco Office of Economic and Workforce Development, shall provide monthly
         workforce reports based on certified payroll to the ECSF Steering Committee.
   (e)     The parties agree that Contractors and Subcontractors awarded work on this Project
         and who do not traditionally work under a local collective bargaining agreement may
         employ their regular local experienced work force, pursuant to the procedures
         described below, where the employees so designated as a “regular, experienced
         employee” meet the following qualifications:
           (i) Possesses any license required by state or Federal law for the Project Work to
         be performed; and
           (ii) Has been employed by the Contractor for at least 1000 paid work hours during
         the 12 months immediately preceding the Contractor’s start of Project Work.
   (f)     Consistent with the intent of subsection (c) above, all parties agree to identify and
         refer on a priority basis, consistent with the non-discriminatory referral procedures of
         the hall, qualified and available targeted workers for project work. For the convenience
         of the parties, Attachment B of this Agreement contains a map of neighborhoods that
         meet the unemployment or income level definition of “disadvantaged” based on the
         most recent census tract-level data In addition, the local Unions will work with
         Contractor to identified qualified and available targeted workers that reside in buildings
         in which work is to be performed.
   (g)     Prior to coming on-site, contractors shall contact in writing their signatory union(s),
         or the local hiring hall(s) from which they plan to or may request workers, to request all
         possible assistance from the union(s) in fulfilling the hiring and employment goals
         outlined in this Agreement. When making any request for dispatch of workers for the
         project, contractors shall submit in writing – whether by fax or email – a reminder of
         the steps required of both contractor and union toward fulfilling these hiring and
         employment goals.
   (h)     As his first employee for Project Work, the Contractor may directly employ one of its
         qualified regular, experienced employees. Its second employee shall be referred
         pursuant to 3(a) above. As its third employee Contractor may directly employ a second
         of its qualified regular, experienced employees. All additional employees shall be
         requested and referred pursuant to 3(a) above. On layoffs, the Contractor shall reverse
         the alternating process. The Contractor shall notify the appropriate Union of the name
         and Social Security number of each direct hire and each direct hire shall register with
         the Union’s hiring hall before commencing Project Work. If there is any question
         regarding an employee’s eligibility under this Subsection (c), the Contractor shall
         provide satisfactory proof of such at a Union’s request.

Section 4. In the event that a Union is unable to fill any requisition for one or more employees
within forty-eight (48) hours after such requisition is made by a Contractor, or within twenty-
four (24) hours in the case of replacing an employee terminated under Section 2, above, or for
any cause (Saturdays, Sundays, and holidays excepted), the Contractor may employ applicants
meeting the qualifications sought from any other available source as per the Schedule A.
Contractor shall promptly notify the Union of any applicants from other sources. This provision
does NOT affect core employees.




                                                                                                 7
Section 5. In the event that a signatory local union does not have a job referral system as set
forth in Section 3(a) above, the Contractor shall give the union equal opportunity to refer
applicants.

Section 6. The Union security provisions of the applicable Schedule A shall apply to each
employee working within the jurisdiction of that craft under this Agreement; provided, however,
that should such provision(s) require membership in the labor organization, such may be satisfied
by the tendering of periodic dues and fees uniformly and non-discriminatorily required to the
extent allowed by law.

Section 7. The selection and number of craft foremen and/or general foremen shall be the
responsibility of the Contractor. All foremen shall take orders exclusively from the designated
Contractor representatives. Craft foremen shall be designated as working foremen at the request
of the Contractor unless preempted by the Schedule A.

                                         ARTICLE IV

                      UNION REPRESENTATION AND STEWARDS

Section 1. Authorized representatives of the Union shall have access to the Project, provided
that they do not interfere with the work of the employees and further provided that such
representatives fully comply with posted visitor, security, and safety rules.

Section 2.

   (a)     Each signatory local union shall have the right to designate an experienced working
         journeyman as a steward for each shift and shall notify the Contractor in writing of the
         identity of the designated steward or stewards prior to the assumption of such person’s
         duties as steward. Such designated steward or stewards shall not exercise any
         supervisory functions. There will be no non-working steward. Stewards will receive
         the regular rate of their respective crafts. Stewards shall be given reasonable time to
         perform their duties.
   (b)     In addition to his/her work as an employee, the steward shall have the right to receive
         but not solicit complaints or grievances and to discuss and assist in the adjustment of
         the same with the employee’s appropriate supervisor. Each steward shall be concerned
         with the employees of the steward’s own Contractor and, if applicable, Subcontractors,
         and not with the employees of any other Contractor. The Contractor will not
         discriminate against the steward in the proper performance of his/her union duties,
         including the opportunity to converse privately with the employee(s) he/she represents.

Section 3. The Contractor agrees to notify the appropriate union twenty-four (24) hours prior to
the layoff of a steward. If a steward is protected against such layoff by the provisions of the
applicable Schedule A, such provisions shall be recognized to the extent that the steward
possesses the necessary qualifications to perform the work remaining. In any case in which a
steward is discharged or disciplined for just cause and prohibited from entering or being on the
job site, the appropriate Union shall be notified immediately by the Contractor, and such



                                                                                                8
discharge or discipline shall not become final (subject to any grievance filed later) until twenty-
four (24) hours after such notice has been given.

Section 4. The Union agrees that Union representatives, stewards, and individual workers will
not interfere with personnel of MHDC or with personnel employed by any other employer not a
party to this Agreement.

                                           ARTICLE V

                                  MANAGEMENT’S RIGHTS

Section 1.

   (a)      MHDC, Construction Manager(s), the Prime Contractor, and Contractor(s) have the
          sole and exclusive right and authority to oversee and manage operations including
          construction on Project Work without any limitation unless expressly so stated by a
          specific provision of this Agreement or unless specifically preempted by a Schedule A.
          In addition, the Prime Contractor and Contractor(s) retain the full and exclusive
          authority for the management of their operations, including in particular the
          construction of the Project. Except as expressly limited by other provisions of this
          Agreement, the Contractor retains the right to direct the work force, including, but not
          limited to, the hiring, promotion, transfer, layoff, corrective action, or discharge for just
          cause of its employees; the determination of the number of employees needed for work
          on the Project, provided, however, that the number and classification(s) of the
          employee(s) assigned to a particular task shall be undertaken consistent with the
          assignments/manning provisions of the applicable Schedule A established for the safety
          of the individuals and the maintenance and protection of the equipment they utilize; the
          selection of foremen; the assignment and schedule of work; and the requirement of
          overtime work, the determination of when it will be worked, and the number of
          employees engaged in such work.
   (b)      In addition to the above enumerated rights of the Prime Contractor and Contractor
          and to the rights of MHDC as enumerated in this Agreement, all management rights
          conferred on MHDC by law are reserved to it. MHDC’s rights include, but are not
          limited to:
      (i) Inspect the work site to ensure that the Prime Contractor and Contractor(s) follow
      applicable safety and other work requirements; and
      (ii) Require the Prime Contractor and/or Contractor(s) to establish a different work week
      or shift schedule for particular employees as are reasonably required to meet the
      operational needs of the Project; provided, however, that such changes shall not adversely
      affect the wages or premium payments otherwise due the employee(s) pursuant to other
      provisions of this Agreement and subject to Schedule A.

Section 2. There shall be no limitation or restriction by a signatory Union upon a Contractor’s
choice of materials or design, nor, regardless of source or location, upon the full use and
utilization of equipment, machinery, packaging, precast, prefabricated, prefinished, or
preassembled materials, tools, or other labor-saving devices, except as noted in Article II,



                                                                                                     9
Section 2(c). The on-site installation or application of all items shall be performed by the craft
having jurisdiction over such work as provided for in Schedule A, provided, however, it is
recognized that installation of specialty items may be performed by employees employed under
this Agreement with the participation of other personnel in a supervisory role, or, in limited
circumstances requiring special knowledge of the particular item(s), may be performed by
employees of the vendor or other companies, per Article II Section 2(g) above.

Section 3. The use of new technology, equipment, machinery, tools, and/or labor saving devices
and methods of performing work may be initiated by the Prime Contractor or Contractor from
time to time during the Project. The Union agrees that it will not in any way restrict the
implementation of such new devices or methods of work. If there is any disagreement between
the Prime Contractor or Contractor and the Union concerning the manner or implementation of
such device or method of work, the implementation shall proceed as directed by the Contractor,
and the Union shall have the right to grieve and/or arbitrate the dispute as set forth in Article VII
of this Agreement.

                                          ARTICLE VI

                           WORK STOPPAGES AND LOCKOUTS

Section 1. There shall be no strikes, picketing, work stoppages, slowdowns, or other disruptive
activity for any reason (including but not limited to disputes relating to the negotiation or
renegotiation of the local collective bargaining agreements that serve as the basis for the
Schedule A’s, economic strikes, unfair labor practices strikes, safety strikes, sympathy strikes,
and jurisdictional strikes) by the Union or employees working under this Agreement against any
Contractor covered under this Agreement on the Project, and there shall be no lockout by any
Contractor. Failure of any Union or employee employed under this Agreement to cross any
picket line established by any Union, signatory or non-signatory to this Agreement, or by any
other organization or individual, where such picket line is directed at the Project or a Contractor
or employer working on the Project, resulting in the failure of one or more employees employed
under this Agreement to engage in Project Work as directed by his/her Contractor or other
disruption of Project Work, is a violation of this Article. The Prime Contractor and the Union
shall take all steps necessary to obtain compliance with this Article and neither shall be held
liable for conduct for which it is not responsible.

Section 2.

   (a)     If a Contractor contends that any Union has violated this Article, Section 3 of Article
         VIII, or the provisions of Article XIX, Section 4, it will notify in writing the Secretary-
         Treasurer of the Council, the Senior Executive of the involved Union(s), and the Prime
         Contractor. The Secretary-Treasurer and the leadership of the involved Union(s) will
         immediately instruct, order, and use their best efforts to cause the cessation of any
         violation of this Article.
   (b)     If the Union contends that any Contractor has violated this Article, it will notify the
         Contractor and the Prime Contractor setting forth the facts that the Union contends
         violate the Agreement, at least twenty-four (24) hours prior to invoking the procedures



                                                                                                  10
         of Section 4. The Prime Contractor shall promptly order the involved Contractor(s) to
         cease any violation of this Article.

Section 3. Any party to this Agreement may institute the following procedure, in lieu of or in
addition to any other action at law or equity, when a breach of Section 1, above, or Section 3 of
Article VIII is alleged:

   (a)     The party invoking this procedure shall notify Thomas Angelo, whom the parties
         agree shall be the permanent arbitrator under this procedure. In the event that the
         permanent arbitrator is unavailable at any time, John Kagel shall be appointed the
         alternate, or, if he is unavailable, he shall appoint an alternate. Notice to the arbitrator
         shall be by the most expeditious means available, with notices to the party(ies) alleged
         to be in violation and to the Council if it is a Union alleged to be in violation. For
         purposes of this Article, written notice may be given by telegram, facsimile, hand
         delivery, or overnight mail and will be deemed effective upon receipt.
   (b)     Upon receipt of said notice, the arbitrator named above or his alternate shall sit and
         hold a hearing within twenty-four (24) hours if it is contended that the violation still
         exists, but not sooner than twenty-four (24) hours after notice has been dispatched to
         the Council’s Secretary-Treasurer and the Senior Executive(s) as required by Section
         2(a), above.
   (c)     The arbitrator shall notify the parties of the place and time chosen for this hearing.
         Said hearing shall be completed in one session, which, with appropriate recesses at the
         arbitrator’s discretion, shall not exceed twenty-four (24) hours unless otherwise agreed
         upon by all parties. A failure of any party or parties to attend said hearings shall not
         delay the hearing of evidence or the issuance of any award by the arbitrator.
   (d)     The sole issue at the hearing shall be whether or not a violation of Section 1, above,
         or of Section 3 of Article VIII has in fact occurred. The arbitrator shall have no
         authority to consider any matter in justification, explanation, or mitigation of such
         violation or to award damages (except as set forth in Section 6, below) which issue is
         reserved for court proceedings, if any. The award shall be issued in writing within
         three (3) hours after the close of the hearing, and may be issued without an opinion. If
         any party desires a written opinion, one shall be issued within fifteen (15) days, but its
         issuance shall not delay compliance with, or enforcement of, the award. The arbitrator
         may order cessation of the violation of the Article and other appropriate relief, and such
         award shall be served on all parties by hand or registered mail upon issuance.
   (e)     Such award shall be final and binding on all parties and may be enforced by any court
         of competent jurisdiction upon the filing of this Agreement and all other relevant
         documents referred to herein above in the following manner. Written notice of the filing
         of such enforcement proceedings shall be given to the other party. In any judicial proceeding
         to obtain a temporary order enforcing the arbitrator’s award as issued under Section
         4(d) of this Article, all parties waive the right to a hearing and agree that such proceedings
         may be ex parte. Such agreement does not waive any party’s right to participate in a
         hearing for a final order of enforcement. The court’s order or orders enforcing the
         arbitrator’s award shall be served on all parties by hand or by delivery to their address
         as shown on this Agreement or in Schedule A’s (for a Union), as shown on their
         business contract for work under this Agreement (for a contractor), and to the representing



                                                                                                   11
         Union (for an employee), by certified mail by the party(ies) first alleging the violation.
   (f)     Any rights created by statute or law governing arbitration proceedings inconsistent
         with the above procedure or which interfere with compliance hereto are hereby waived
         by the parties to whom they accrue.
   (g)     The fees and expenses of the arbitrator shall be equally divided between the party or
         parties initiating this procedure and the respondent party or parties.

Section 4. MHDC is a party in interest in all proceedings arising under this Article and Articles
VII and VIII and its designated representative shall be sent contemporaneous copies of all
notifications required by these Articles.

Section 5. If the arbitrator determines in accordance with Section 3(d) above that a work
stoppage has occurred, the respondent Union shall, within eight (8) hours of receipt of the award,
direct all the employees it represents on the Project to return immediately to work. If the craft
involved does not return to work by the beginning of the next regularly scheduled shift following
such eight (8) hour period after receipt of the arbitrator’s award, and the respondent Union has
not complied with its obligation immediately to instruct, order, and use its best efforts to cause a
cessation of the violation and a return to work of the employees it represents, then the respondent
Union shall pay a sum as liquidated damages to the Contractor, and shall pay an additional sum
per shift for each shift thereafter on which the craft has not returned to work. Similarly, if the
arbitrator determines in accordance with Section 3(d) above that a lockout has occurred, the
respondent Contractor shall, within eight (8) hours of receipt of the award, return all of the
affected employees to work on the Project, or otherwise correct the violation as found by the
arbitrator. If the respondent Contractor does not take such action by the beginning of the next
regularly scheduled shift following the eight (8) hour period, the respondent Contractor shall pay
a sum as liquidated damages to the affected Union(s) (to be apportioned among the affected
employees and the benefit funds to which contributions are made on their behalf, as appropriate
and designated by the arbitrator) and shall pay an additional sum per shift thereafter in which
compliance by the respondent Contractor has not been completed. The arbitrator shall retain
jurisdiction to determine compliance with this Section and to establish the appropriate sum of
liquidated damages, which shall not be less than ten thousand dollars ($10,000.00) nor more than
twenty-five thousand dollars ($25,000.00) for each shift.

                                         ARTICLE VII

                     GRIEVANCE AND ARBITRATION PROCEDURE

Section 1. This Project Labor Agreement is intended to provide close cooperation between
management and labor. The Prime Contractor and the San Francisco Building and Construction
Trades Council shall each assign a representative to the Project for the purpose of assisting the
local Unions, together with the Contractors, to complete the construction of the Project
economically, efficiently, continuously, and without interruption, delays, and work stoppages.

Section 2. All disputes involving discipline and/or discharge of employees working on the
Project shall be resolved through the grievance and arbitration provision contained in the
Schedule A applicable to the craft of the affected employee. No employee working on the



                                                                                                 12
Project shall be disciplined or dismissed without just cause.

Section 3.

   (a)     All Project labor disputes involving the application or interpretation of a local Master
         Collective Bargaining Agreement (“Schedule A”) to which a signatory Contractor and
         a signatory Union are parties shall be resolved pursuant to the resolution procedures of
         the Schedule A. All disputes relating to the interpretation or application of this Project
         Labor Agreement shall be subject to resolution through the grievance and arbitration
         procedure set forth herein. The Parties agree that ECSF may employ these grievance
         procedures by a majority vote of ECSF Steering Committee members and has standing
         to do so solely for disputes concerning Article I Paragraphs 3 through 4, Article III
         Section 3, subsections (c), (f), and (g), Article XI Section 2, or Article XIII.
   (b)     The parties understand and agree that in the event any dispute arises out of the
         meaning, interpretation, or application of the provisions of this Project Labor
         Agreement, the same shall be settled by means of the procedures set out herein. No
         grievance shall be recognized unless the grieving party (Local Union or District
         Council on its own behalf, or on behalf of an employee whom it represents, or a
         Contractor on its own behalf, or the ECSF after a majority vote of ECSF Steering
         Committee members) provides notice in writing to the signatory party with whom it
         has a dispute within five (5) days after becoming aware of the dispute but in no event
         more than thirty (30) days after it reasonably should have become aware of the event
         giving rise to the dispute. The time limits in Section 3 may be extended by mutual
         agreement (oral or written) of the parties.

Section 4. Grievances arising out of Section 3(a) and 3(b) above shall be settled according to the
following procedures:

     Step 1:       Within five (5) business days after receipt of the written notice of the
     grievance, the parties to the grievance shall confer and attempt to resolve the grievance. In
     the event that the representatives are unable to resolve the dispute within the five (5)
     business days after its referral to Step 1, either involved party may refer the dispute to Step
     2; or, if neither party is a Union, to Step 3.

     Step 2:      The International Union Representative and the involved Contractor shall meet
     within seven (7) working days of the referral of a dispute to this second step to arrive at a
     satisfactory settlement thereof. Meeting minutes shall be kept by the Contractor. If the
     parties fail to reach an agreement, the dispute may be appealed in writing in accordance
     with the provisions of Step 3 within seven (7) calendar days thereafter.

     Step 3:     In the event that the representatives are unable to resolve the dispute after its
     referral to Step 2, either involved party may submit it to the Joint Administrative
     Committee, as constituted per Article XIX, Section 1, which shall meet within five (5)
     business days after each referral (or such longer time as is mutually agreed upon by all
     representatives on the Joint Administrative Committee) to confer in an attempt to resolve
     the grievance. If the dispute is not resolved within such time (five business days after its



                                                                                                 13
     referral to the Joint Administrative Committee or such longer time as is mutually agreed
     upon by all representatives on the Joint Administrative Committee), it may be referred
     within five (5) business days by either party to Step 4.

     Step 4:     Within five (5) business days after referral of a dispute to Step 4, the parties
     shall choose a mutually agreed upon arbitrator for final and binding arbitration. The
     arbitrator shall be selected from a permanent panel of arbitrators consisting of Thomas
     Pagan, William Riker, Thomas Angelo, John Kagel, William E. Engler, Buddy Cohn, and
     Robert Hirsch, and will hear grievances filed pursuant to this Article. Should the parties be
     unable to mutually agree on the selection of an Arbitrator from among those on the panel,
     selection for that given arbitration shall be made by alternately striking names from the list
     of names on the panel until the parties agree on an Arbitrator or until one name remains.
     The first party to strike a name from the list shall be the party bringing forth the grievance.
     In the event the last remaining Arbitrator is not available in a reasonable time to hear the
     grievance and the parties have not mutually agreed to extend time for arbitration, the last
     stricken Arbitrator will be selected. A reasonable time is defined as fifteen (15) days where
     the grievance concerns employment discharge and thirty (30) days for all other grievances.

The decision of the arbitrator shall be binding on all parties. The arbitrator shall have no
authority to change, amend, add to, or detract from any of the provisions of the Agreement. The
expense of the arbitrator shall be borne equally by both parties.

The arbitrator shall arrange for a hearing on the earliest available date from the date of his/her
selection. A decision shall be given to the parties within five (5) calendar days after completion
of the hearing unless such time is extended by mutual agreement. A written opinion may be
requested by a party from the arbitrator.

The time limits specified in any step of the grievance procedure set forth in Section 4 may be
extended by mutual agreement of the parties initiated by the written request of one party to the
other at the appropriate step of the grievance procedure. Failure to process a grievance, or failure
to respond in writing within the time limits provided above, without a request for an extension of
time, shall be deemed a waiver of such grievances with prejudice. In order to encourage the
resolution of disputes and grievances at Step 1 of this Grievance Procedure, the parties agree that
such settlements shall not be precedent setting.

                                         ARTICLE VIII

      WORK ASSIGNMENTS AND JURISDICTIONAL DISPUTES - NORTHERN
                         CALIFORNIA PLAN

Section 1. The assignment of work will be solely the responsibility of the Contractor performing
the work involved; and such work assignments will be in accordance with the Plan for the
Settlement of Jurisdictional Disputes in the Construction Industry (the “Plan”) or any successor
Plan.

Section 2. All jurisdictional disputes between or among Building and Construction Trades



                                                                                                 14
Unions, parties to this Agreement, shall be settled and adjusted according to the present Plan
established by the Building and Construction Trades Department or any other plan or method of
procedure that may be adopted in the future by the Building and Construction Trades
Department. Decisions rendered shall be final, binding, and conclusive on the Contractors and
Unions parties to this Agreement.

         Section 2.1 For the convenience of the parties, and in recognition of the expense of
         travel between Northern California and Washington, DC, at the request of any party to a
         jurisdictional dispute under this Agreement an Arbitrator shall be chosen by the
         procedures specified in Article V, Section 5, of the Plan from a list composed of John
         Kagel, Thomas Angelo, Robert Hirsch, and Thomas Pagan, and the Arbitrator’s hearing
         on the dispute shall be held at the offices of the applicable Building and Construction
         Trades Council. All other procedures shall be as specified in the Plan.

Section 3. All jurisdictional disputes shall be resolved without the occurrence of any strike,
work stoppage, or slowdown of any nature, and the Contractor’s assignment shall be adhered to
until the dispute is resolved. Individuals violating this section shall be subject to immediate
discharge.

Section 4. As provided in Article XIX, Prime Contractor will conduct pre-job conferences for
all Contractors with the Unions prior to commencement of work by the Contractors. At these
conferences all jurisdictional assignments will be announced. The Council and representatives
of MHDC shall be advised in advance of all such conferences and may participate if they wish.

                                         ARTICLE IX

                                   WAGES AND BENEFITS

Section 1. All employees covered by this Agreement shall be classified in accordance with work
performed and paid the hourly wage rates for those classifications pursuant to the applicable
Schedule A.

Section 2.

   (a)      Contractor (including Prime Contractor) shall pay contributions to the established
          employee benefits funds in the amounts designated in the appropriate Schedule A on
          behalf of all covered employees and make all employee-authorized deductions in the
          amounts designated in the appropriate Schedule A; provided, however, that only such
          bona fide employee benefits as accrue to the direct benefit of the employees (such as
          pension and annuity, health and welfare, vacation, apprenticeship, training funds, etc.)
          shall be included in this requirement and required to be paid by the Contractor on this
          Project. Bona fide benefit plans or authorized employee deduction programs
          established during the life of this Agreement may be added, subject to the limitations
          upon such negotiated changes contained in Article XIX, Section 3 of this Agreement.
          This provision, however, does not prohibit Contractors signatory to the local collective
          bargaining agreements of the signatory Unions from making contributions to other



                                                                                               15
         funds as set forth in those local agreements.
   (b)      The Contractor adopts and agrees to be bound by the written terms of the applicable,
         legally established trust agreement(s) specifying the detailed basis on which payments
         are to be made into, and benefits paid out of, such trust funds for Contractor’s
         employees. The Contractor authorizes the parties to such trust funds to appoint
         Trustees and successor Trustees to administer the trust funds and hereby ratifies and
         accepts the Trustees so appointed as if made by the Contractor.
   (c)      Each Contractor shall be required to certify in writing that it has paid all wage and
         benefit contributions due and owing prior to receipt of its final payment and/or
         retention. Further, upon timely notification by a Union to Prime Contractor, Prime
         Contractor shall work with any Contractor that is delinquent in payment of benefit
         contributions or wages to assure that proper wage and benefit payments are made, to
         the extent of withholding otherwise due payments owed such Contractor until such
         payments have been made or otherwise guaranteed.

Section 3. All employees shall be paid according to the schedule in the applicable Schedule A.
Any employee who is discharged or laid off shall be entitled to receive all accrued wages
immediately upon discharge or layoff.

Section 4. Wage premiums shall be paid according to the applicable Schedule A.

                                          ARTICLE X

              HOURS OF WORK, OVERTIME, SHIFTS, AND HOLIDAYS

Starting times, work day, work week, overtime, shifts, holidays, reporting pay, and rest periods
shall all be in accordance with the provisions of the applicable Schedule A.

                                         ARTICLE XI

                                    SUBCONTRACTING

Section 1. The Project Contractor agrees that neither it nor any of its contractors or
subcontractors of whatever tier will subcontract any work to be done on the Project except to a
person, firm or corporation who is or agrees to become party to this Agreement. Any contractor
or subcontractor working on the Project shall, as a condition to working on said Project, become
signatory to and perform all work under the terms of this Agreement by executing the Agreement
to Be Bound (Attachment A).

Section 2. The Employer and the Unions shall commit to joint outreach efforts to Disadvantaged
Business Enterprise (DBE) subcontractors and other DBE community groups throughout San
Francisco to promote DBE work opportunities available on the Project. The Employer shall
develop a written outreach plan to this end, and the Unions shall cooperate by providing a list of
signatory DBE’s. The outreach plan shall be submitted to the ECSF Steering Committee for
consideration and approval by consensus.




                                                                                               16
For purposes of this Agreement, a DBE shall be considered to be any company certified by the
San Francisco Human Rights Commission or the San Francisco Redevelopment Agency as a
Local Business Enterprise.

     (a)     Any contractor or subcontractor bidding Project Work shall notify any potential
           subcontractor to it of the terms and conditions of this Agreement.

                                         ARTICLE XII

                                 HELMETS TO HARDHATS

Section 1. The Contractors recognize a desire to facilitate the entry into the building and
construction trades of veterans who are interested in careers in the building and construction
industry. The Contractors and Unions agree to utilize the services of the Center for Military
Recruitment, Assessment, and Veterans Employment (hereinafter “Center”) and the Center’s
“Helmets to Hardhats” program to serve as a resource for preliminary orientation, assessment of
construction aptitude, referral to apprenticeship programs or hiring halls, counseling and
mentoring, support network, employment opportunities, and other needs as identified by the
parties.

Section 2. The Unions and the Contractors agree to coordinate with the Center to create and
maintain an integrated database of veterans interested in working on the Project and of
apprenticeship and employment opportunities for the project. To the extent permitted by law, the
Unions will give credit for bona fide, provable past experience.

                                        ARTICLE XIII

                                        APPRENTICES

Section 1. The parties recognize the need to maintain continuing support of effective programs
designed to develop adequate numbers of competent workers in the construction industry. The
Contractors agree to employ, and the Unions agree to cooperate in furnishing, apprentices only
from state certified jointly administered apprenticeship and training programs. A properly
indentured apprentice must be employed under the regulations of the craft or trade at the work of
which he/she is indentured and shall be employed only for work of the craft or trade for which
he/she is indentured.

Section 2. Each Contractor shall employ the maximum number of apprentices within each trade
consistent with regulations of the State of California, Schedule A’s, as described in Attachment
C of this Agreement, and with the needs of safety and instruction. In no event shall any
Contractor employ apprentices for less than the minimum number of hours required by the State
of California. All contractors and subcontractors of whatever tier shall submit an apprenticeship
utilization plan at their pre-job meeting and agree to submit weekly certified payrolls identifying
all registered apprentices to the ECSF Steering Committee.




                                                                                                17
Section 3. In pursuit of the Emerald Cities mission to “reduce urban poverty and chronic
underemployment (especially in communities of color) and raise living standards overall,” the
Unions and the Contractors agree to maximize the number of apprentice hours worked on the
Project by disadvantaged San Francisco residents.

Section 4. If the Contractor hires apprentices to fulfill the requirements of Sections 2 or 3 above,
it shall request from the Union as its first such hire an indentured apprentice who is a
disadvantaged San Francisco resident, and the Union shall provide such apprentice, insofar as is
consistent with apprenticeship standards of the State of California and with its Schedule A.

Section 5. If the Contractor hires a second apprentice, it shall follow the following Community
Apprenticeship procedure:

       1.      A Community Apprentice, as used in this section, shall be defined as a
               disadvantaged San Francisco resident who has graduated from the San Francisco
               Office of Economic and Workforce Development’s CityBuild Academy, or
               another trade certified pre-apprenticeship program serving primarily low-income
               minority communities or women; or, alternatively, is an apprentice candidate
               certified by Office of Economic and Workforce Development as a San Francisco
               resident of a Department of Housing and Urban Development HUB Zone
               “Qualified Census Tract”; or, alternatively, is certified by ECSF or its designee as
               a disadvantaged San Francisco resident. In either case, the Community Apprentice
               shall meet the qualifications of the applicable Joint Apprenticeship & Training
               Committee, as described in Attachment D. The parties may utilize the services of
               CityBuild Academy and other trade certified pre-apprenticeship programs to serve
               as a resource for preliminary orientation, assessment of construction aptitude,
               referral to apprenticeship programs or hiring halls, counseling and mentoring,
               support network, employment opportunities, and other needs as identified by the
               parties.
       2.      If the apprenticeship standards of the State of California for the particular
               apprenticeship program provide for sponsorship of apprentice candidates directly
               to apprenticeship, the Contractor shall sponsor a Community Apprentice
               candidate to the appropriate apprenticeship.
       3.      If the apprenticeship standards of the State of California for the particular
               apprenticeship program provide for sponsorship not directly to apprenticeship, but
               instead to preapprenticeship, the Contractor shall sponsor a Community n
               Apprentice candidate to the appropriate preapprenticeship. Any hours of
               employment for the apprentice candidate in a preapprenticeship program shall be
               credited against the goals of Article I.
       4.      If the apprenticeship standards of the State of California for the particular
               apprenticeship program do not provide for sponsorship to either apprenticeship or
               preapprenticeship, but for cyclical admission to apprenticeship, in lieu of hiring a
               disadvantaged San Francisco resident as a second apprentice hire the Contractor
               shall request in writing that the Union commit to indenturing a Community
               Apprentice in its next admissions cycle, and the Union shall so commit in writing,
               if a candidate qualified under the appropriate State standards is available. The



                                                                                                 18
               Union shall provide notice to the ECSF Steering Committee when the next
               admissions cycle is announced.
       5.      Hiring of additional apprentices shall alternate as per Section 4, above, and this
               Section.
       6.      If an apprentice hired according to this Section resigns work or is separated for
               cause or non-qualification, Contractor shall replace such apprentice according to
               this Section, consistent with regulations of the State of California, Schedule A’s,
               and the needs of safety and instruction.

                                         ARTICLE XIV

                                    HEALTH AND SAFETY

Section 1. It shall be the responsibility of the Contractor to ensure safe working conditions and
employee compliance with the safety rules contained herein or established by MHDC or the
Contractor. Employees shall be bound by the safety compliance requirements established by
MHDC and/or the Contractor. The Contractor shall publish and post such requirements in
conspicuous places throughout the work site. An employee’s failure to satisfy his obligations
under this section may subject him/her to corrective action. Nothing in this Agreement shall
make the Unions or MHDC liable to any employee or to other persons or entities in the event an
injury or accident occurs.

Section 2. A Contractor may suspend all or a portion of the job to protect the life and safety of
an employee or employees, subject to minimum day and reporting pay requirements in
applicable Schedule A’s. Where the Contractor requests employees to remain at the site and
available for work, the standby time shall be considered time worked and compensated according
to the provisions of the applicable Schedule A’s.

Section 3. The Contractor shall provide adequate supplies of drinking water and sanitary
facilities for all employees.

                                         ARTICLE XV

                                   NON-DISCRIMINATION

The Contractor and the Union agree that they will not discriminate against any employee or
applicant for employment because of race, color, ethnic group identification, national origin,
ancestry, religion, gender, age, marital status, disability or AIDS/HIV status, medical conditions,
sexual orientation, gender identity, domestic partner status, or status as a Vietnam-era veteran,
and shall provide equal employment opportunity for all persons in all job categories of
employment based only upon job-related bona fide occupational qualifications. The Unions
shall cooperate with the Contractor’s obligations to ensure that applicants are employed and that
employees are treated during employment without regard to such status. Relevant employment
actions shall include but not be limited to the following: Employment, upgrading, demotion, or
transfer; recruitment or recruitment advertising; layoff or termination; rates of pay or other forms
of compensation; and selection for training, including apprenticeship. Any complaints regarding



                                                                                                 19
the application of this provision shall be brought to the immediate attention of the involved
Contractor for consideration and resolution.

                                        ARTICLE XVI

                               TRAVEL AND SUBSISTENCE

Section 1. Travel expenses, travel time, subsistence allowance, and/or zone rates shall be paid
according to the applicable Schedule A.

Section 2. Parking reimbursement procedures established under applicable Schedule A’s shall
apply to this Project. The availability of parking will be discussed by the Prime Contractor at
both pre-bid and pre-job conferences.

                                        ARTICLE XVII

                                  WORKING CONDITIONS

Prime Contractor shall establish such reasonable Project rules as are deemed appropriate and not
inconsistent with this Agreement. These rules will be explained at all pre-job conferences and
posted by Prime Contractor in a place and way plainly visible to all employed at the Project.
Failure to observe these rules and regulations by any employee may be grounds for corrective
action.

                                       ARTICLE XVIII

                                 PRE-JOB CONFERENCES

Consistent with Article VIII, Section 4, all work assignments shall be disclosed by the Prime
Contractor and Contractors at pre-job conferences prior to commencing work under this
Agreement. Prime Contractor shall coordinate the scheduling of pre-job conferences with the
Council, the Contractors, and the Unions, and with representatives of MHDC, if these last wish
to attend. Prime Contractor and Contractors are responsible for providing complete information
on assignments of work at pre-job conferences. The employing Contractor will remain
responsible for making the appropriate assignments as required by this Agreement. Should any
formal jurisdictional dispute be raised under Article VIII, Prime Contractor and representatives
of MHDC shall be notified promptly. At the pre-job conference, Prime Contractor will review
parking availability and medical facilities with the Contractors and the Unions.

                                        ARTICLE XIX

                        LABOR-MANAGEMENT COOPERATION

Section 1. The parties to this Agreement shall form a Joint Administrative Committee
consisting of three representatives of the Council and three representatives of Prime Contractor,
to be chaired jointly by a representative of the Council and a representative of Prime Contractor.



                                                                                               20
The purpose of this Joint Labor-Management Committee (hereinafter, “Committee”) shall be to
promote harmonious and stable labor-management relations on the Project, to ensure effective
and constructive communication between labor and management parties, and to advance the
proficiency of individuals working in the industry. MHDC shall represent ECSF on the
Committee at its discretion, with voice but no vote, and shall be included in all Committee
correspondence.

Section 2. The Committee shall meet on a schedule determined by the Committee or at the call
of the joint chairs to discuss the administration of the Agreement, the progress of the Project,
labor/management problems that may arise, and any other matters consistent with this
Agreement. Prime Contractor shall be responsible for the preparation of the agenda topics for
the meetings, with input from the Unions, the Contractors, and the Federal Government. Notice
of the date, time, and place of the meeting shall be given to the Committee members at least
three (3) business days prior to the meeting.

Section 3. The Committee shall meet also whenever so required under Article VII, Section 4,
Step 3.

Section 4. The Committee may form subcommittees to consider and advise the full Committee
with regard to safety and health and other issues affecting the overall Project.

Section 5. It shall also be the duty of the Committee to develop an internship program for
disadvantaged San Francisco residents, and particularly residents of MHDC properties, to obtain
work experience in non-covered work on covered projects.
                                         ARTICLE XX

                              SAVINGS AND SEVERABILITY

Section 1. All parties recognize that this Agreement and all employment pursuant to it are
subject to all applicable Federal and state laws and regulations, and nothing herein is intended to
relieve any party or individual of any obligation under such laws and regulations. Further, it is
not the intent of either the Contractors or the Unions to violate any laws governing the subject
matter of this Agreement.

Section 2. The parties hereto agree that in the event any provision of the Agreement is finally
held or determined to be illegal or void as being in contravention of any applicable law, the
remainder of the Agreement shall remain in full force and effect unless the part or parts so found
to be void are wholly inseparable from the remaining portions of the Agreement. Further, the
Contractor and the Union agree that if and when any provision of this Agreement is finally held
or determined to be illegal or void by a court of competent jurisdiction, the parties will promptly
enter into negotiations concerning the substance affected by such decision for the purpose of
achieving conformity with the requirements of any applicable law and the intent of the parties
hereto. Likewise, if the commitments of the Unions under Article XIII are held to conflict with
state apprenticeship standards, the Parties will promptly meet to determine how to make them
conform with said standards.



                                                                                                21
Section 3. Signatures to this Agreement may be affixed on separate pages and, taken together,
shall apply to a single Agreement, and in the interest of timeliness shall be valid if obtained by
fax or by pdf pending provision by original exemplar. This Section shall apply also to signatures
to any document ratifying changes and/or extensions to this Agreement.

                                        ARTICLE XXI

                            DURATION OF THE AGREEMENT

Section 1. This Agreement shall be effective on the ____ day of March, 2010, and shall
continue in full force and effect until all work under Article II above has been completed. The
Agreement may be extended to other work by mutual consent of the Prime Contractor and the
Unions.

Section 2. At the request of the Union, Contractor shall provide complete information
describing any “punch list” or change order work involving otherwise turned-over or completed
facilities that have been accepted as such by MHDC.

Section 3. Schedule A’s incorporated as part of this Agreement shall continue in full force and
effect until the Contractor and/or Union parties to the local Master Collective Bargaining
Agreements that are the basis for such Schedule A’s notify the Prime Contractor of mutually
agreed upon changes in such agreements and their effective date(s). The parties agree to
recognize and implement such changes on their effective dates, provided, however, that any
provisions negotiated in said collective bargaining agreements will not apply to work covered by
this Agreement if such provisions are less favorable to the Contractor under this Agreement than
those uniformly required of contractors for construction work normally covered by those
collective bargaining agreements; nor shall any provision be recognized or applied if it may be
construed to apply exclusively or predominantly to work covered by this Agreement. Any
disagreement between the parties over the incorporation into a Schedule A of any such provision
agreed upon in the negotiation of the collective bargaining agreement that serves as the basis for
the Schedule A shall be resolved under the procedures established in Article VII.

Section 4. The Union agrees that there will be no strikes, work stoppages, sympathy strikes,
picketing, slowdowns, or any other disruptive activity affecting the Project by any union
involved in the negotiation of such local collective bargaining agreements and the resulting
Schedule As, nor shall there be any lock-out on this Project affection the Union during the course
of such negotiations.

In witness whereof, the parties have caused this Agreement to be executed and effective as of the
day and year first above written:

______________________________                      ______________________________
[Contractor]                                        San Francisco Building and Construction
                                                    Trades Council

______________________________                      ______________________________
Date                                                Date



                                                                                               22
Signatures


____________________________________________________
International Union of Bricklayers and Allied Craftsworkers Local 3


____________________________________________________
International Brotherhood of Boilermakers, Iron Ship Builders, Blacksmiths, Forgers and Helpers Local 549


____________________________________________________
United Brotherhood of Carpenters Local 22


____________________________________________________
United Brotherhood of Carpenters Local 2236


____________________________________________________
Operative Plasterers’ and Cement Masons’ International Association Local 300


____________________________________________________
International Brotherhood of Electrical Workers Local 6


____________________________________________________
International Union of Elevator Constructors Local 8


____________________________________________________
United Brotherhood of Carpenters, Hardwood Floor Layers Local 1861


____________________________________________________
Laborers’ International Union of North America, Hod Carriers Local 166


____________________________________________________
International Association of Heat and Frost Insulators and Allied Workers Local 16


____________________________________________________
International Association of Bridge, Structural, Ornamental and Reinforcing Iron Workers Local 377


____________________________________________________
Laborers International Union of North America Local 67




                                                                                                            23
____________________________________________________
Laborers International Union of North America Local 261


____________________________________________________
United Brotherhood of Carpenters, Lathers Local 68L


____________________________________________________
International Union of Operating Engineers Local 3


____________________________________________________
United Brotherhood of Carpenters, Millwrights Local 102


____________________________________________________
International Union of Painters and Allied Trades, District Council 16


____________________________________________________
United Brotherhood of Carpenters, Pile Drivers Local 34


____________________________________________________
Operative Plasterers’ and Cement Masons’ International Association Local 66


______________________________________________________
United Association of Journeymen and Apprentices of the Plumbing and Pipefitting Industry Local 38


______________________________________________________
United Union of Roofers, Waterproofers and Allied Workers Local 40


______________________________________________________
Sheet Metal Workers’ International Association Local 104


______________________________________________________
International Union of Painters and Allied Trades, Sign and Display Local 510


______________________________________________________
United Association of Journeymen and Apprentices of the Plumbing and Pipefitting Industry, Sprinkler Fitters Local
483


______________________________________________________
International Brotherhood of Teamsters Local 853




                                                                                                              24
ATTACHMENT “A”

                          PROJECT LABOR AGREEMENT
                                FOR [project name]
                                    BETWEEN
                                 [contractor name]
                                        and
       SAN FRANCISCO BUILDING AND CONSTRUCTION TRADES COUNCIL AND THE
                           SIGNATORY CRAFT UNIONS
                            AGREEMENT TO BE BOUND


The undersigned, as a Contractor or Subcontractor (CONTRACTOR) on the [project name and
address(es)], (hereinafter PROJECT), for and in consideration of the award to it of a contract to perform
work on said PROJECT, and in further consideration of the mutual promises made in the “Project Labor
Agreement” (hereinafter AGREEMENT), a copy of which was received and is acknowledged, hereby:

    (1) Accepts and agrees to be bound by the terms and conditions of the AGREEMENT for
        this Project, together with any and all amendments and supplements now existing or
        which are later made thereto:
    (2) The CONTRACTOR agrees to be bound by the legally established local trust agreements
        as set forth in Article IX of this AGREEMENT.
    (3) The CONTRACTOR authorizes the parties to such local trust agreements to appoint
        trustees and successor trustees to administer the trust funds and hereby ratifies and
        accepts the trustees so appointed as if made by the CONTRACTOR;
    (4) Certifies that it has no commitments or agreements which would preclude its full and
        complete compliance with the terms and conditions of said AGREEMENT.
    (5) Agrees to secure from any CONTRACTOR(S) (as defined in said AGREEMENT) which
        is or becomes a Subcontractor (of any tier) to it, a duly executed Agreement to be Bound
        in form identical to this document.

                ____________________________________________________
                Date

                ____________________________________________________
                Name of Contractor

                ____________________________________________________
                Signature of Authorized Contractor Representative

                ____________________________________________________
                Print name and Title of Authorized Contractor Representative

                ____________________________________________________
                Address

                ____________________________________________________
                Phone number and fax number




                                                                                                      25
ATTACHMENT “B”

                     MAP OF SAN FRANCISCO
                 DISADVANTAGED CENSUS TRACTS




                                               26
ATTACHMENT “C”

                 APPRENTICE UTILIZATION LEVELS
                           BY TRADE




                                                 27
ATTACHMENT “D”

                    QUALIFICATIONS OF APPLICABLE
             JOINT APPRENTICESHIP & TRAINING COMMITTEES




                                                          28

								
To top